The REACH Enforcement Regulations 2008

1.  An authorised person may on producing evidence of that person’s appointment— U.K.

(a) at any reasonable time (or, in a situation which in that person’s opinion may give rise to a risk of significant pollution to the environment as a result of the use or discharge from an offshore installation of an article or substance, at any time) board any offshore installation;

(b) on boarding an offshore installation be accompanied by any other person authorised for those purposes by the Secretary of State and take any equipment or materials that the authorised person thinks may be required;

(c) make such examination or investigation as the authorised person considers necessary (including any examination or investigation of an offshore installation, for which purpose the authorised person may install or maintain monitoring or other apparatus on the offshore installation);

(d) give a direction requiring that any part of the offshore installation be left undisturbed (whether generally or in particular respects) for so long as reasonably necessary for the purposes of any examination or investigation under sub-paragraph (c);

(e) take such measurements and photographs and make such recordings as the authorised person considers necessary for the purpose of any examination or investigation under sub-paragraph (c);

(f) take samples of any thing found on the offshore installation or in the atmosphere or any land, seabed (including the subsoil thereof) or water in the vicinity of the offshore installation;

(g) in the case of any thing which the authorised person finds on the offshore installation, cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless that in the circumstances of the case is necessary);

(h) in the case of any such thing mentioned in sub-paragraph (g), take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—

(i) to examine it and do to it anything which the authorised person has power to do under that sub-paragraph;

(ii) to ensure that it is not tampered with before an examination of it is completed; and

(iii) to ensure that it is available for use as evidence in any proceedings for an offence under regulation 11 or 13;

(i) require any person who the authorised person has reasonable cause to believe is able to give any information relevant to any examination or investigation under sub-paragraph (c)—

(i) to attend at a place and time specified by the authorised person;

(ii) to answer (in the absence of any person other than persons whom the authorised person may allow to be present and a person nominated to be present by the person on whom the requirement is imposed) such questions as the authorised person thinks fit to ask; and

(iii) to sign a declaration of truth of that person’s answers;

(j) require the production of, and inspect and take copies of or of any entry in—

(i) any records which by virtue of any provision of any permit granted under the Offshore Chemicals Regulations 2002(1) are required to be kept;

(ii) any records which the authorised person considers it necessary to see for the purposes of any examination or investigation under sub-paragraph (c);

(k) require any person to afford the authorised person such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as the authorised person considers are necessary to enable the authorised person to exercise any of the powers conferred on the authorised person by this Part.

(1)

S.I. 2002/1355.